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tv   [untitled]    September 8, 2012 3:00am-3:30am PDT

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creating a dark pit of a deck here for open space, and i started out seeking a rear yard modification variance that stepped the building down and filled that space in and left it as a side yard but that would involve a whole variance, the neighbors could appeal it, we already went down that route and that's something that changed the plans in response to the neighbors. and it was sort of a preventive attempt to address that concern. so, i don't know. i do have a screen at the street that was also in response o -- to the noise from the deck, it's 8 feet high, maybe that becomes more semi-solid, which from the street at least would create that stepping. the other thing is, the photos, if you look at the other corner
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lots that do not step -- there's that 7 storey building at lexington that shoots out, it's a historic -- >> maybe commissioner antonini has an idea. >> well, thank you, i don't know, i'm very sensitive to what project sponsor's gone through and as was mentioned frequently, we have almost no buildings that were built between 5 and 9 units in the last five years and this is a 12 unit but it's getting close to where it isn't going to make any pencil out if we're going to have to take units, it sounds easy enough to add a floor off on the unit level and take a floor off, i'm not sure if it works out to have the 8 -- 2 bedroom unit and is the 4-1 bedroom units ts, i believe that's what we're looking at, we start losing one of our two bedroom units or something, i would be hesitant to do that even though it seems to make
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sense. i would probably make a motion just to approve the project with -- as designed right now with working with staff to try to incorporate some of the things that the commission has talked about with the treatment of the bay issue in the front and also with -- the project sponsor would have to agree to -- it's not a condition, to work with the marsh to try to remedy sound issues and provide some sort of relief from the loss of property line windows. that would be my motion, although that does -- other parts are not conditions. >> just a question, can we add as a condition that they work with the marsh and come up with a construction plan that, you know, at the least limits construction times to, you know, earlier than 3:30 and no construction on weekends? >> if you want, you could put conditions on the construction
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hours and/or encourage the sponsor to work with -- there's continuation measures, you can require it on the project sponsor's building but you can encourage to work with the skylight or more soundproofing on the marsh building but only as an encouragement. >> i would like to limit construction times beyond what's in the code to what's being suggested by the marsh because i think that could be a big impact. >> what hours? >> construction goes on for a long time i think if you start to chop off too many hours. >> and you have labor hours by which a construction worker needs to work an extra amount of hours, i think it's very hard to control that. >> i'm sensitive to their performances in the evenings.
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>> right. >> i don't know, 5:30? 3:30 is a pretty early performance. >> there's youth classes. >> summertime only. >> commissioner moore? >> [inaudible]. >> i say until 5:30, no construction on weekend. >> i think that standard hours of construction would be 7 days a week or five days a week. >> 7. >> okay, well, project sponsor, is that going to work if you cut off weekends, it's going to be really hard? >> i have no problem at all, nobody's going to be working until 8:00 at niekt, 5:00, and mostly everybody's going to be out of there by 4, and on the weekends, no work on sunday, and saturday, i mean, once
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again, we explained them, you come over, you have some special thing going on, come and tell us and give us a little bit of advance notice and no problem, so i mean, 5:00, 4:30 is fine with us for a cut off. >> i accept the friendly amendment, you can start as early as you want in the morning, probably 7 o'clock in the morning is earliest you can do, 7:00 to 5:00 is realistic six day as week, that would be fine. six days that don't include sunday. >> i think the marsh does do saturday shows that begin at 2:00, saturday and sunday, the marsh does 600 performances a year at that site, so we have
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two to three shows a day there because we have an upstairs space and a downstairs space so having any construction on saturday afternoon honestly would be a very significant financial hit. i think one thing, speaking for the marsh is that we want to be assured of a liaison, someone we know we can always talk to that will always give us a schedule for the week that we have a regular check-in, i think our fears are they can say what they want at this moment but if we don't have an assigned liaison and that's a requirement of the project, and after the project is built, we'll need to continue to work as a liaison, there has to be a concrete liaison setup, not just call us whenever we want, we need to know who and we
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would like to have a weekly meeting during construction. >> one of the conditions, there would be a liaison that would be provided. >> that's important to us. >> and with the permission of the other commissioners, if we go 7 to 6 during the week and 7 to 1 on saturdays,. >> that would probably work for us except for special events. >> our call time is 5:30 during the week for 7:00 performances and then for regularly, it's 3:30 on saturdays. >> i think take what you got. you want to restate the motion >> okay, the motion is to approve the project working with staff for design, concerns particularly in regards to the bay and the front of the building at the corner of valencia and hill, and secondly, continue, the project sponsor will work with the marsh in
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terms of providing a liaison for communication purposes. >> j*u one point of information, this is a dr so you should take dr and do these thing and is the community liaison thing is not in here because it's not a conditional use, it's a dr, so anything like that has to be in the language of our dr. >> we are taking dr to do this, that's true, and also to address sound attenuation and possible sky lights to mitigate for -- these are not conditions. >> encourage improvements to the building. >> along those lines. and that hours of construction would be 7 a.m. to 6 p.m. -- i did a compromise to give them saturday afternoons, 7:00 to 6 p*k monday through friday and 7 a.m. to 1 p.m. on saturdays. >> is there a second to that?
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>> second. >> i want to add something though, and i still have a concern about the step down on -- toward the historic district. commissioner antonini only included the bay consideration at the corner. i don't particularly like the design that is dated august 28th or whatever the heck it is, and kind of prefer the other one frankly, and i think other commissioners have stated that. i understand that there's some issue with the corner bay, but, you know -- >> yes, there are issues with all the bay windows because they are too close tokt, we can work around the bay windows, otherwise, it's a variance. i think there's a way to modify the bay windows to make them code complying. >> just in terms of my last
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piece, just in terms of a fear of having to go to a variance which i understand can be appealed, i mean, this can be appealed too, right, i mean, this can go to the board of appeals, then if they don't like it, they can appeal your building permit, right, so in any case, there are going to be appeals no matter what, so for my way of thinking, if it requires a variance to get a better project, i would go that route. i said if it takes a variance to get a better project and to -- what seems to be to satisfy the direction of the commission, then i would encourage you to take that on. >> okay. >> regarding the step down if i may, on the top floor, if you just eliminated that one bedroom in the rear, you would get a step in at 11 feet,
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that's somewhat significant if you are okay with that. >> but then that means you convert one-two bedroom. -- >> that's the tradeoff. >> they're already doing two affordable units on site, i don't know how the sponsor feels about that. >> i think there are possibilities but i think we're trying not to lose units if possible, that's why the variance route might work. >> commissioners, you want to try this? >> i think you should just incorporate what he said. >> my understanding is the motion is to take the project with some modifications, one is to address the hours of construction, 7:00 to 6:00 p.m.
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mondays through fridays, 7 a.m. to 1 p.m. on saturdays, they would provide a liaison so they know who they can contact during construction and i'm assuming even after the building is built, on the design to address the bay issue in the front of the corner of valencia and hill and to continue to work on design with the step down on the side -- on the hill street side, that they will continue to work with the marsh on the other issues such as drainage, ventilation, light and sound attenuation. >> that sound good. we're encouraging them to work with staff as far as that step down issue, we're not saying they have to change it but if there's a way that that can be done, that would be nice but they're approved for the 12 units, 8-2's and 4-1's, i believe. >> on that motion, commissioner antonini?
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>> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> thank you, that motion passed unanimously. commissioners, you're now at general public comment. >> is there any general public comment? seeing none, the meeting is adjourned.
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>> i pledge allegiance to the flag of the united states of america and to the republic for which it stands on one nation, under god, indivisible with liberty and justice for all. >> i would like to call roll- call. [roll call] >> thank you very much.
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ladies and gentlemen, it will come to the august 29 at san francisco police commission meeting. this is our monthly meeting we held the last wednesday of the month in that community. we rotate these meetings through various district stations and tonight is the turn of captain tom in central station. i would like to welcome you. as the commissioner, this is one of the best parts of being on the commission, going out to the community once a month and the meeting at different communities and hearing from you what your concerns are. i see we are setting up with the interpreters, maybe i should slow down a bit. let me know when you are ready.
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what we usually do at the meeting is have the commissioners introduce themselves and tell us what they do during that day job. the police commission job is allegedly a part-time job, but it is far from a part-time job, but it is a very rewarding. we will start to my left and tell you about what we do during the day. >> hello, everyone. a little bit about myself -- i am a native san franciscan and the newest member of the police commission. i was born in san francisco and this is where i raised my three daughters with my husband, tom, in case you are watching. during my day job, i run a building center in the southeast sector of our city that is addressing the, and stress that use faced with that community violence they face in that part of the city.
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we're trying to do some innovative and interesting things to get those kids on track. i am a former prosecutor and i was the public safety adviser to kamela harris. >> my name is carol kinsley and i was like to think captain tom and the elementary school for hosting us. i have again on the police commission for two years and has our president indicated, it is a very rewarding job and very enjoyable job and made more enjoyable by being out in the community and seeing folks like you show up and provide us with your input. thank you for being here tonight. i have been an attorney working in the financial district of san francisco for about 30 years. presently, my day job is as a
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business contract mediator. i have one son and he was born and raised in san francisco. , but aside from the police commission-related activities i do in my spare time, i serve on the board of directors and as an officer in the law center to prevent gun violence, a nonprofit organization founded around 20 years ago aimed at a national effort to reduce gun violence. thank you. >> [speaking cantonese] i'm a staff attorney at the asian law caucus just down the street, a nonprofit civil rights organization that
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provides legal services in a number of areas and i worked on criminal justice and juvenile issues. that is my day job. i also live in the sunset district of san francisco, which i think we have for chinatown's -- it's one of our other chinatowns in san francisco. my parents are immigrants from china and owned a chinese restaurant for a long time in portland, oregon. a couple of other things i want to get across -- my interest in terms of the commission includes language access, cultural competency, a juvenile issues and immigrant rights. thank you for coming tonight. >> i am also a native san franciscan. my wife and i have raised their two children here. they are native san franciscan, as is my wife. my day job is i am an attorney but prior to that i was an assistant district attorney in san francisco. for nine years, i was an assistant night -- an assistant
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united states attorney assigned to the organized crime unit. i'm on this commission because i love this city and i take our police department is a special part of the city. without further ado, i would like you to call line-item number-one. >> the chief's report -- a review of recent activities with chief gregory, sir. >> >> these chairs are hard to get out of. i apologize for having my back to the commission. it's always fun for me to come back to the central district.
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i came in about 31 years ago. my first time was in october, i had a some of my best times as a police officer we are a little bigger and a little bolder but we love our time in the central. recent reports in san francisco -- property crime is up a bit, but not a lot. violent crime continues to be down in san francisco, although homicides are up. that is attributable to a spike in gun violence in and of the homicides that occurred back in march, where five people were killed in a single residence, otherwise it, gun violence is down by about 5% and violent crime is down from where it was
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last year. one particular crime of note effecting the asian community are these crimes perpetrated by groups going into asian women suggesting they can get rid of evil spirits in exchange for money. i was speaking with commander be also oversees the downtown stations where the suspects told a woman to take out a certain amount of money and that was to be placed under a mattress until the end of august. this happened a while ago. in the amount of time this woman believes germany was under her mattress, is suspect made -- believed her money was under her mattress, the suspect made good her escape. in exchange for you doing something in money, they can get rid of the evil spirits -- please contact the police
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department immediately so we can take action. it is not a legitimate exercise of evil spirits. cahow recent activities of note -- a big one this weekend was america's cup. we had somewhere in the neighborhood of 150,000 people over four days a visit to the marina. some of the best sailors in the world raced around the bay and the practice round. the next day will be hugely busy weekend here in the central district as it is the second weekend in october which will be america's cup fleet week, the blue angels, the italian heritage club parade, the 49ers, the giants, hardly strictly but bluegrass in golden gate park. the san francisco police department will be fully
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deployed in the second weekend and hopefully it is going to be a great day nationally for the whole country to see it and we can get that many more people wanting to come and visit. today is the 45th anniversary of sgt -- passing of sergeant john d. young. we continue to keep him and his family in our thoughts and prayers. i will do for the rest of my time to captain tom, your brand new and native son capt. here in the district. >> thank you. please call line item 1b. >> that will be done by many forts. >> a good evening president and commissioners.
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my name is manny forts. i'm with the city office of complaints and san francisco. also here is the senior investigator, edward mcmahon who is standing in the rear. i am pleased to be here to speak with you about the function of office of citizen complaints. it is the third largest civilian oversight of law enforcement in the united states. only behind the city of new york and chicago. the office was created by the board of supervisors in 1982. it was put into place in 1983. we are nearly 30 years old. we were originally in the san francisco police department, but was later placed under the direct supervision of the police commission and is an independent
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agency. it is separate from the police department and the police commission is also a civilian body. we conduct investigations to find out what happened. if we follow the evidence by interviewing the person who brought the complaint, the involved police officers, and other civilian witnesses. we have subpoena power to compel testimony and obtain evidence. we obtain additional evidence from the police department in the form of police reports and other documentation generated by the police department. we also visit the site of alleged occurrences and may take photographs of the places and persons. our goal is to complete investigations in nine months. it was limited exceptions, we must complete investigations in one year. once we complete an investigation, we make a finding of whether or not the complaint
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officer violated any police department rules or local, state, or federal laws. the standard of proof is the preponderance of evidence which means the probability of a complaint of conduct occurred is more likely than not. the probability is greater than 50%. if after an investigation, we find an officer violated rules, we for do report to the chief for further action. the chief can impose discipline up to a 10-day suspension. the police commission has jurisdiction over cases where the recommended discipline is greater than 10 days. the occ provides a mediation. this represents 7% of the cases
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we closed last year. our mediation program allows complainants to resolve issues with the accused officer in person in a dispute resolution format. the goal is to bring involved parties together to achieve mutual understanding. through our partnership with community boards and the bar association of san francisco, we are able to provide a neutral mediators. our mediations can be conducted in languages other than english and participation is voluntary. both the complaint in and complained on officer must agree for the mediation to go forward. i am proud to report that eligible police officer participation in our mediation program is nearly 90% and the occ is the winner of practice
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adr awards. i would like to share a few statistics about the complaints we have received in 2011 and how they complaints were resolved. in 2011, we received 784 complaints. this represents an 8% reduction in the complaints we received over 2009 when we received 854 complaints. last year, we sustained allegations in 7% of the cases week and closed and found proper conduct in 25% and found a 4% or unfounded and not true. the largest% of allegations we received were from unwarranted actions followed by discredit and allegations of unnecessary force comprised 10% of allegations.